Question:
Employer requested observed random drug test?
Christa
2013-01-13 09:13:03 UTC
I live in Tx. Working for a dog boarding/ training facility since Feb of 2012. Reception manager. HR called me and said I had 1 hr to report to a lab for a drug test. I asked if I had done something or was being suspect of something and they said no, completely random. I went. While emptying pockets, I asked the lab tech if I could take my maxi pad in with me because it was my "time" and I needed it. She said ok and then informed me she would be on the bathroom with me because my employer was demanding an observed test. What?? Hold up. I am most certainly NOT comfortable with that. Like I said, I am on my period. Not happening. I offered to take a blood test, lab said not an option. It may seem stupid to others, but I left. Knowing I would be fired for non-compliance. So did not want this. I haven't been in any trouble at work. Haven't missed ANY days. No one complaining of my performance. No customer complaints. I LOVED my job and am heartbroken, but i just could not humiliate or degrade myself. Do I have any recourse in this situation?
Five answers:
?
2013-01-13 09:48:21 UTC
No recourse there. You had 1 hour to go, am I correct? You had plenty time for your personal hygiene.

You walked off, not sure why?
lucy
2013-01-13 10:32:50 UTC
Of the 2 drug tests I have ever taken in my life (Pre_employment drug test for the job), they were never observed. I did have to empty my pockets of anything, leave my purse and any personal belongings with the lab person. I was not allowed to wash my hands or flush the toilet till I gave over my sample and sign a form stating it was completed. In your case, am surprised they would even allow the pad with you prior to the test, but, rather tell you after the test is done, can go back in the restroom and "freshen up" with a clean pad.



As for them observing, I don't see the big deal, since if they do this on a regular basis, most likely, they have seen it all, have no interest, and they could "possibly" not in effect watch you, but could hear, or see that you are in fact taking the test. There has been questions about observing, but the main reason is to avoid someone of trying to "beat" the system.



Most jobs only do a drug test for employment, but if in an accident, will do, or if they "suspect" drug use, will order the test. But some jobs, will always do "random" tests, since that is the reason for the 1 hour notice to get it done.



By failing to take this test, as one poster stated, you could have had 5 minutes of embarrassment, but, you could possibly be still employed, but refusing, you lost your job and guess what, you will be ineligible for UI benefits also.



good luck
Smarty Pants
2013-01-13 10:19:41 UTC
No recourse. You worked for a company that drug tests it's employees and you should have known that when you started there. The tests are mandatory, if you could just refuse then all the ones actually using drugs would do that too. That would defeat the purpose of having random tests.
?
2013-01-13 09:48:42 UTC
You have no recourse...you refused the drug test...

Under Texas Drug Testing laws private employers can also request an observed test just as the State can request observed tests for their state employees, Texas DOT can request observed tests for all commercial drivers.

Specimen collection is usually always embarassing its either 5 minutes of embarassment or termination of a fulltime job...
Badge203
2013-01-13 09:35:54 UTC
Nope, none whatsoever


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